Sentences with phrase «permitted under»

These providers may use and disclose protected health information as otherwise permitted under the rule.

Comment: One comment suggested that the final rule unambiguously permit the continued operation of the statutorily established or authorized discretionary routine uses permitted under the Privacy Act for both law enforcement and health oversight.

We note that covered entities are permitted to initiate disclosures that are permitted under this paragraph.

A covered entity that is the health care component of a larger entity is permitted under the final rule to include the legal department of the larger entity as part of the health care component.

Together with the uses and disclosures permitted under § § 164.510 and 164.512, the concerns raised regarding situations in which it is impossible or impractical for covered entities to obtain the individual's permission to use or disclose protected health information about the individual have been addressed.

Plan documents may only permit health insurance issuers to disclose protected health information to a plan sponsor as is otherwise permitted under this rule and consistent with the minimum necessary standard.

Comment: One commenter asserted that the proposed rule would prohibit expedited review as permitted under the Common Rule.

The disclosures permitted under § 164.512 are for national priority purposes, and determining whether a disclosure fits within the section is necessary before the disclosure can be Start Printed Page 82742made.

Comment: One commenter asked that the final regulation clarify that a court order is not required when disclosure would otherwise be permitted under the rule.

Other types of activities, such as the sale of a patient list to a marketing firm, would not be permitted under this rule without authorization from the individual.

Thus, in the case of bullet described above, the covered entity may, in response to a law enforcement request, provide the extracted bullet and such additional limited identifying information as is permitted under § 164.512 (f)(2).

All disclosures of protected health information that would have been permitted under proposed § 164.510 (f)(5)(i) are permitted under § 164.512 (d).

With respect to deceased individuals, the final rule describes when a covered entity must allow a person who otherwise is permitted under applicable law to act with respect to the interest of the decedent or on behalf of the decedent's estate, to make decisions regarding the decedent's protected health information.

In addition, if a group health plan, or a health insurance issuer or HMO with respect to a group health plan, wants the option to disclose protected health information to a group health plan sponsor without authorization as permitted under § 164.504 (f), the group health plan, health insurance issuer or HMO must describe that practice in its notice.

As discussed above, disclosure of protected health information under such other mandatory law is permitted under § 164.512 (a).

A disclosure is not permitted under this section if health care provider believes that the medical emergency is the result of abuse, neglect, or domestic violence of the individual in need of emergency health care.

We would have required such entities to create barriers to prevent protected health information from being used or disclosed for activities not authorized or permitted under the proposal.

Within a single consent document, the consent for use and disclosure of protected health information required or permitted under this rule must be visually and organizationally separate from the other consents or authorizations and must be separately signed by the individual and dated.

This commenter noted that the preamble states that the requirement for a court order would not apply if the disclosure would otherwise be permitted under the rule.

For multiple disclosures to the same recipient pursuant to a single authorization or for a single purpose permitted under the rule without authorization, the covered entity may provide a summary accounting addressing the series of disclosures rather than a detailed accounting of each disclosure in the series.

If a covered health care provider with an indirect treatment relationship, a health plan, or a health care clearinghouse does not seek consent, the covered entity may use or disclose protected health information to carry out treatment, payment, and health care operations as otherwise permitted under the rule and consistent with its notice of privacy practices (see § 164.520 regarding notice requirements and § 164.502 (i) regarding requirements to adhere to the notice).

Uses and disclosures permitted under this paragraph must be limited to the protected health information necessary to meet the requirements of the law that compels the use or disclosure.

As with any other use or disclosure, however, uses and disclosures of protected health information for these purposes do require authorization if they are not otherwise permitted under the rule.

Response: As discussed more fully in § 164.512 (d) of this preamble, above, we agree that proposed § 164.510 (f)(5)(i) created confusion because all disclosures covered by that provision were already permitted under proposed § 164.510 (c) without prior process.

Activities permitted under level 1 certification.

Many asked that the definition of disease management be clarified to identify those functions that, although some might consider them to be subsumed by the term, are not permitted under this regulation without authorization, such as marketing and disclosures of protected health information to employers.

In the final rule, we specify that a covered entity may deny an individual access to protected health information that is contained in records that are subject to the Privacy Act if such denial is permitted under the Privacy Act.

We recognize that covered entities sometimes make these types of uses and disclosures for purposes that are permitted under the rule without authorization.

That is, any protected health information that had been collected before the termination may not be used or disclosed in a way that is inconsistent with the restriction, but any information that is collected after informing the individual of the termination of the restriction may be used or disclosed as otherwise permitted under the rule.

If the covered provider is unable to obtain consent, but documents the attempt and the reason consent was not obtained, the covered provider may, without consent, use and disclose the protected health information resulting from the treatment as otherwise permitted under the rule.

The TRA will, along with the Secretary of State for International Trade, administer after Brexit trade defence measures (anti-dumping duty, countervailing measures, and safeguard measures) permitted under WTO rules.

If permitted, the voluntary dismissal route would allow a plaintiff to force a court of appeals to hear an appeal where not permitted under Rule 23 (f).

The Third Party Funding Bill amends the Arbitration Ordinance and the Mediation Ordinance to make clear that third party funding of arbitration, mediation and related proceedings is permitted under Hong Kong law.

6.11 In addition to an investment permitted under the Act, for the purposes of section 95 (2)(a) or 108 (4)(b)(i) of the Act, as applicable, a strata corporation may invest money held in the contingency reserve fund or money collected on a special levy in one or more of the following investments:

2 The amount owing to the strata corporation as of... [month day, year] is $..., plus costs permitted under section 118 of the Strata Property Act.

third party funding of arbitration, mediation and related proceedings is permitted under Hong Kong law, and

The ECJ decided that the sale of luxury goods by the licensee to third parties not forming part of the selective distribution network might affect the quality of those goods so that a contractual provision prohibiting such sale could be permitted under Art 8 (2).

This action was permitted under the Appellant's management rights powers in the collective agreement.

Air Canada argued that damages for breach of the OLA were not permitted under the...

Insofar as section 15 (2) of the policy permits disclosures that might be permitted under American ethics rules but are not permitted under Canadian ethics rules, the proposed policy risks conflict with the existing law governing lawyers in our country and could create a messy situation for lawyers trying to determine how to conduct themselves in accordance with the law.

(C) A judge shall not engage in financial activities permitted under paragraphs (A) and (B) if they will: (1) interfere with the proper performance of judicial duties; (2) lead to frequent disqualification of the judge; (3) involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves; or (4) result in violation of other provisions of this Code.

(3) The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State.

(3) Nothing in subsection (2) precludes the asking of questions at a personal employment interview concerning a prohibited ground of discrimination where discrimination on such ground is permitted under this Act.

An Abingdon U.S. District Court says defendant trucking company faces possible punitive damages in a claim that its tractor - trailer driver who was speeding and was allowed to stay on the road far in excess of the hours permitted under federal...

(1) The Centre and parties to an arbitration under these Rules may deliver any written communications required or permitted under these Rules personally, by mail, by facsimile, by email or by other means of telecommunication which provide a record of delivery.

There are only two types of client trust accounts permitted under the rule:

Based on the findings of the investigation, the Commissioner is ordering Crown attorneys to cease collecting any personal information of potential jurors beyond that which is permitted under the Juries Act and the Criminal Code, relevant to criminal conviction eligibility.

(3) The applicant's election under subsection (1) is final, regardless of any change in circumstances, and can be subsequently changed only if permitted under subsection (2).

Following a number of procedural skirmishes, we applied for summary judgment on behalf of Mr Huertas as it was clear that Dr Smith was effectively seeking to review the substance of the French Judgment which is not permitted under Article 36 of the 2001 Brussels Regulation.

You will need to consider whether the «transfer» of EU personal data has been consented to by such investor (or otherwise utilizes one of the «transfer tools» permitted under GDPR).